(A) Purpose.
(1) The purposes of this District are to:
(a) Encourage and direct development within the boundaries of the Downtown Bennettsville Overlay Zoning District and implement the Downtown Bennettsville Masterplan.
(b) Encourage a form of development that will achieve the physical qualities necessary to maintain and enhance the economic vitality of Downtown Bennettsville and maintain the desired character of the City of Bennettsville as stated in the Downtown Bennettsville Masterplan.
(c) Encourage the rehabilitation of existing buildings; ensure new buildings are compatible with their context and the desired character of the city; ensure that all uses relate to the pedestrian; ensure that retail be safeguarded along specific street frontages; ensure that rehabilitation be equitable for all scales of ownership; and assure that the permitting process be simplified and facilitated.
(d) Promote the rehabilitation of historic buildings and ensure that new buildings are compatible with and enhance the historic districts that reflect the city’s cultural, social, economic, political, and architectural heritage.
(2) For applicants that elect to develop under the standards of the Downtown Bennettsville Overlay Zoning District, the design of buildings and sites shall be regulated under the provisions of § 152.028, HPD, Historic Preservation District.
(B) Definitions.
Note - Terms used throughout this section shall take their commonly accepted meaning unless herein defined or defined in § 152.002, Definitions. When there are conflicts between the definitions herein and definitions as provided in § 152.002, Definitions, the definitions of this division shall take precedence.
ARTISAN USE. Premises used principally for the repair, manufacture and sale of domestic furniture, arts, and crafts. The work must take place entirely within an enclosed structure using only hand-held and/or table-mounted manual and electrical tools.
BUILDING HEIGHT. The vertical distance from the grade at the sidewalk at the frontage line to the highest point of the roof surface in a flat roof, to the deck line for mansard roofs, and to the eaves for gable, hip and gambrel roofs. Height limits do not apply to parapet walls, belfries, steeples, flagpoles, skylights, chimneys, or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building.
COMMERCIAL USE. Premises used generally in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services.
COMMUNITY BUILDING. A building used principally for education, worship, cultural performances, and gatherings administered by non-profit, cultural, educational, and religious organizations. Also, buildings used principally for local, state, and federal government, administration, provision of public services, education, cultural performances, and gatherings.
FACADE. The vertical exterior surface of a building that is set parallel to a frontage line.
FRONTAGE LINE. All lot lines that abut a public street. A corner lot or a through lot has two frontage lines.
OFFICE. A building or portion of a building wherein services are performed, including professional, financial, banks, clerical, sales, administrative, or medical services.
REHABILITATION. The act or process of making possible an efficient compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
RETAIL FRONTAGE LINE. All lot lines abutting a public street which are required to be retail, as designated on the Regulating Plan.
RETAIL USE. Any of the following uses: artisan, civic, commercial, cultural, entertainment, or restaurant uses.
SCREENWALL. An opaque freestanding wall aligned with the facade of an adjacent building with the purpose of masking off-street parking from view from the street. Screenwalls shall be between two and one-half and three and one-half feet in height and made of brick, stone, or other masonry material matching the building.
STOREFRONT. The portion of the building at the first story of a retail frontage line.
TERMINATED VISTAS. A building or a portion thereof which terminates a view as designated on the Regulating Plan, with architectural features of enhanced character and visibility.
TRANSITION LINE. A horizontal line the full width of a facade expressed by (a) a material change, by (b) a trim line, or by (c) a continuous balcony a maximum of two and one-half feet deep.
(C) Permit approval process. All construction activity within the Downtown Bennettsville Overlay Zoning District (DBOZD), including the construction, reconstruction, alteration, demolition, and rehabilitation of new and existing buildings and appurtenances, shall be required to follow the design
standards contained in the Zoning Ordinance of the City of Bennettsville, as amended, to include the special provisions of the Historic Preservation Ordinance, § 152.028.
(D) General standards.
(1) This division shall govern the design of all publicly and privately owned land within the Downtown Bennettsville Overlay Zoning District where the applicant elects to apply under the standards of this overlay zone.
(2) Where an applicant elects to comply with the standards of this overlay zone, the provisions of this overlay zone, when in conflict with other sections of the Zoning Ordinance, shall take precedence, except where specified otherwise herein. Where application is made following the standards of the overlay zone, the provisions of this section shall specifically supersede the floor area ratio, maximum height and minimum setback regulations contained in § 152.025, Central Commercial District, Schedule of Regulations. This standard shall be tested for one year and then reviewed and adjusted.
(3) The provisions of the Building and Building Regulations of the City Code and § 152.028, HPD - Historic Preservation District of the Zoning Ordinance, when in conflict with this overlay zone, shall take precedence.
(4) The design of civic buildings and improvements shall not be subject to the specific standards of this division, but shall be subject to negotiated design by the Planning Board, and as required by § 152.028, HPD.
(5) All site, building and sign improvement standards contained in the Downtown Bennettsville Masterplan shall be complied with on all site plan approval applications.
(6) Locations designated on the Regulating Plan for new parking areas and civic buildings shall be reserved for such development.
(7) Designated Landmark buildings shall be rehabilitated complying with § 152.028, Historic Preservation District of the Zoning Ordinance.
(E) Specific standards.
(1) Building height. The various elements of building height shall be:
(a) Maximum height of three stories and 42 feet; this shall be interpreted as shown on the Regulating Plan.
(b) For Zone C and P, building height shall be negotiated with the Planning Board.
(c) Stories at sidewalk level shall be a minimum of ten feet in height from finished floor to finished ceiling. The Planning Board may reduce this standard for rehabilitation of existing structures that do not meet this standard.
(d) A transition line shall be provided between the first and second stories. The transition shall be detailed to facilitate an awning.
(2) Building placement. Buildings and their elements shall be placed on lots as follows:
(a) Front building facades at the first story shall be located at the frontage line as shown on the Regulating Plan.
(b) In the event of adjacent preexisting setbacks, an adjustment may be allowed or required by the Planning Board.
(c) In the absence of a building facade, a screenwall shall be built along the frontage line aligned with the adjacent building facade. Screenwalls shall be between two and one-half and three and one-half feet in height and made of brick, stone or other masonry material matching the building. Screenwalls that are not for the purpose of screening off-street parking lots may be a continuous, maintained evergreen hedge. Screenwalls may have openings a maximum of 25 feet in width to allow vehicular and pedestrian access.
(d) Side setbacks shall not be required, provided that exterior walls provide the required fire resistance rating required by the Building Code.
(e) A minimum 12-foot rear yard building setback shall be provided from the mid-point of the alley, except that the Planning Board may allow this setback to be reduced or eliminated. In the absence of an alley, the rear setback shall be equal to that of the building that backs onto the lot.
(f) Awnings may encroach the frontage line and public sidewalk, but must avoid the street trees, provide at least eight feet of clearance above the sidewalk and be set back a minimum of one foot from the street curb line.
(g) Loading docks and service areas shall be permitted only within rear yards. Doors for access to interior loading docks and service areas shall not face a public street.
(h) Off-street parking on the first story shall not be permitted within 20 feet of any building facade on a frontage line or between the building facade and a frontage line.
(i) All buildings shall have their principal pedestrian entrance on a frontage line.
(3) Building use. Buildings shall accommodate the following range of uses for the various zones designated on the Regulating Plan of the Downtown Bennettsville Overlay Zoning District:
(a) Uses shall be limited to those allowed in each underlying zoning district, unless otherwise specifically provided for herein. In addition, the following uses are not permitted under the standards of this overlay zone:
1. Automatic food and drink vending machines outdoors;
2. Drive-in facilities or any commercial use which encourages patrons to remain in their automobiles while receiving goods or services, except bank drive-thru; and
3. Outdoor advertising or billboards.
(b) Civic buildings (C) shall be premises used principally for education, worship, cultural performances, and gatherings administered by non-profit cultural, educational, and religious organizations. Buildings are used principally for local, state, and federal government, administration, provision of public services, education, cultural performances, and gatherings.
(c) Parking buildings (P) shall be premises used primarily for parking, except retail frontages may be allowed at the first floor level.
(d) Downtown Buildings may be used for any commercial, office, or residential use allowed in the underlying zoning district. Upper story uses may be commercial, office, or residential, provided that no commercial or office use shall be located on a story above a residential use.
1. Exterior evidence of internal residential area that would alter the business or historic character of the principal building. Examples include, but are not limited to. satellite receiver: outdoor clothesline. A Conditional Use Permit is required.
2. Bed and Breakfast Inns or guest cottages of five or fewer guest rooms, shall be permitted in the DBOZD.
(e) Frontage. Buildings that have frontage along the Required Retail Frontage lines, shall be built to the frontage line as specified on the Regulating Plan, and must consist of retail within the first story. Uses that constitute retail include: artisan, civic, commercial, cultural, entertainment, or restaurant uses. Lobbies for hotels, offices and multiple family dwellings may be considered as part of the Required Retail Frontage, provided that such lobby occupies no more than 50% of the frontage of the structure.
(f) Retail, office, or residential uses are required to have a minimum depth of 20 feet from the frontage line on all stories. The remaining depth may be used for off-street parking. Parking access on a frontage line shall be an opening a maximum of 25 feet wide. Openings for parking garage access shall repeat the same rhythm and proportion as the rest of the building to maintain a consistent streetscape.
(g) Seating for outdoor dining shall be allowed to encroach upon the public sidewalks, with the exception of a five-foot clear pedestrian passage. This provision shall not exempt the applicant from obtaining the necessary leases from the city for use of public space.
(4) Parking requirements.
(a) For all non-residential uses located within the DBOZD, parking on the site shall not be required.
(b) For all residential uses located within the DBOZD, the on-site parking requirements may be met through leasing the required spaces from an off-site parking area.
(c) AH sites located in the DBOZD must be designed in accordance with the requirements of parking, loading, and screening in the Zoning Ordinance.
(d) All off-street parking shall comply with the screening requirement contained in this section.
(5) Architectural standards. All buildings shall be subject to the following physical requirements:
(a) At least 90% of the exterior finish material on all facades that face a street shall be limited to the following: glass, brick, cut stone, cast stone, or smooth cement stucco.
(b) The color of building exteriors shall be within the same quadrant of the color circle as adjacent buildings.
(c) Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front facade of a building.
(d) Storefronts shall be directly accessible from public sidewalks. Each storefront must have transparent areas, equal to 70% of its portion of the facade, between two and eight feet from the ground. The wood or metal armature of such storefronts shall be painted, bronzed, or powder coated.
(e) Storefronts shall have the mullion systems, with doorways and signage integrally designed and painted.
(f) The glazed area of a facade above the first floor shall not exceed 35% of the total area with the facade being calculated independently.
(g) Glass shall be clear only.
(h) Facade openings, including porches, windows, and colonnades, shall be vertical in proportion.
(i) Sliding doors and siding windows are prohibited along frontage lines.
(j) Flat roofs shall be enclosed by parapets at least 42 inches high, or higher if required to conceal equipment.
(k) Cantilevered mansard roofs are prohibited.
(l) Balconies, railings, and porch structures shall be metal, wood, cast concrete, or stone.
(m) Facades may be supplemented by awnings that shall be straight sheds without side flaps, not cubed or curved. Awnings shall be between seven and 12 feet above sidewalk grade at the lower drip edge.
(n) Outside dining tables and chairs shall be primarily metal or wood (no plastic).
(o) Buildings which terminate a view as designated on the Regulating Plan shall provide distinct and prominent architectural features of enhanced character and visibility which reflect the importance of the building’s location and creates a positive visual landmark.
(6) Signage standards. Signage, when provided, shall be as follows:
(a) Signage shall be integrally designed made of weather proof material and painted with the storefront. A detailed description, sketch or picture must be submitted for approval prior to issuance of permit.
(b) Address numbers shall be a maximum of eight inches in vertical dimension. The quantity and location shall be as required for post office purposes.
(c) A single external sign band or zone may be applied to the façade of each building between the first and second floors, providing that the size is 25% or less than total wall area. The sign band or zone may contain multiple individual signs, but all must refer to a tenant of the building. Smaller identification signs, not to exceed 18 inches by 24 inches, may be placed beside the entrance at eye level.
(d) Additional pedestrian, blade, or shingle signs may be attached to a building perpendicular to the facade extending up to four feet from the facade. These signs shall be a maximum of one and one-half feet in vertical dimension and four feet in horizontal dimension. There may be one individual pedestrian sign for each business located on the first floor.
(e) The storefront glass may be stenciled with signage not to exceed one and one-half feet in vertical dimension and four feet in horizontal dimension.
(f) The vertical drip of an awning may be stenciled with signage a maximum of eight inches in vertical dimension by any length.
(g) External signs may be translucent or externally lighted, provided the signage plan is approved by the zoning administrator. Neon signs are permitted within the interior shop fronts providing they do not exceed a maximum of four square feet in area.
(7) Boundaries.
(a) All that area within the boundary, as shown on the official map, and described as follows:
Begin at Crooked Creek
Cheraw Street to West Main Street
West Main Street to Jennings Street
Jennings Street to McColl Street
McColl Street to Liberty Street
Liberty Street to King Street and a line extending Liberty Street to Fleet Street
Fleet Street to Broad Street
Broad Street to Fayetteville Avenue
Fayetteville Avenue to Cook Street
Cook Street to East Main Street
East Main Street to John Corry Road
John Corry Road to Market Street
Market Street to Marlboro Street
Marlboro Street to Crooked Creek
Crooked Creek to Cheraw Street
This area includes East, West, North and South sides of the boundary lines and all streets and areas within.
(b) The official boundary lines may be changed at any time with the approval of City Council.
(Ord. 00-08-01, passed 8-15-00; Am. Ord. 02-04-06, passed 4-16-02; Am. Ord. 17-10-002, passed 10-17-17)